The Supreme People’s Probation has issued an indictment prosecuting the defendant Tran Dinh Trien (born 1959, practicing law, Head of the People’s Law Office(b) regarding the crime of abusing democratic freedoms to violate the interests of the State, the rights and legitimate interests of organizations and individuals as prescribed in Clause 2, Article 331 of the Penal Code. At the same time, the case file was transferred to the Hanoi People’s Court for research and consideration for a first-stage trial.
According to the indictment, on february 3, 2013, the defendant Tran Dinh trien created an account on the social networking site Facebook called “Tran Dinh Trien“, registered with the information of Lawyer Tran Dinh Trien, Head of Vi Dan Law Office. This Facebook account is managed and used only by the individual defendant Tran Dinh Trien, and does not share administrative rights with anyone else.
During the practice of the legal process, the defendant Tran Dinh Trien developed a personal frustration, believing that there were unreasonable issues related to the court sector and the management of the leaders of the Supreme People’s Court. Thus, during the period from April 23, 2024 to May 9, 2024, defendant Tran Dinh Trien drafted and posted 3 articles on the “Tran Dinh trien” Facebook page.
The assessment concluded that the posted information contained content that affected reputation and honor, and violated the legitimate rights and interests of the People’s court system and the individual heads of the Supreme People’s Court. This had a negative impact on security, order and social safety. At the investigative agency, the defendant Tran Dinh Deploy found the information and material mentioned in the above paragraphs collected, commented on by the defendant, and evaluated by the defendant himself according to subjective opinions about the court sector and the person individual ordered by the Supreme Court People without accurate information, documents, or evidence to verify.
Regarding aggravating and mitigating circumstances, the indictment found that the defendant committed a crime for the first time, had an honest attitude in reporting, was aware of the mistake, and sent a letter of apology to the Chief Justice of the Supreme People’s Court, ie thus he was entitled to the extenuating circumstances. During the examination of the case, Ms.Mai Thi H. (born in 1961, residing in tuyen Quang Province) filed a complaint against the defendant Tran Dinh Trien for abuse of trust and appropriation of property in the performance of a contract legal service.
During the work process with the Security Investigation Agency of the Ministry of Public Security, Mr. H. became aware of the agreement and implementation of the legal service contract between her and Vi Dan Law Office of the defendant Tran Dinh Trien is a civil relationship, so there was a request to withdraw the denial against the defendant Trien.
what are the potential consequences of Tran Dinh Trien’s indictment for civil rights in Vietnam?
Interviewer: Welcome to Time.news! Today, we have the privilege of speaking with Dr. Nguyen Hanh, a renowned legal scholar and expert on civil rights. We’re discussing a significant recent development in Vietnam, where the Supreme People’s Probation has indicted Tran dinh Trien, a prominent lawyer and Head of the People’s Law Office.Thank you for joining us, Dr. Hanh.
Dr. Nguyen Hanh: Thank you for having me.It’s a pleasure to discuss such an critically important topic.
Interviewer: To get us started, could you provide a brief overview of the situation surrounding Tran Dinh Trien and the specific charges he’s facing?
Dr. nguyen Hanh: Certainly. Tran Dinh Trien has been indicted for allegedly abusing democratic freedoms in a way that violates state interests and the rights of individuals and organizations. This is a serious accusation, especially for a figure in the legal community who has worked to uphold the law. The indictment suggests a complex intersection of legal interpretation and state authority.
Interviewer: What does the phrase “abusing democratic freedoms” entail? How is it defined in the context of Vietnamese law?
Dr. Nguyen Hanh: In Vietnam, the term frequently enough refers to activities that the state perceives as undermining its authority or stability. This could include freedom of speech, assembly, and association, which are framed within a broader context of ensuring national security. While the constitution guarantees certain rights,the state has considerable discretion in determining what constitutes abuse of these freedoms.
Interviewer: How significant is this indictment within the broader context of legal rights and freedoms in Vietnam?
Dr. Nguyen Hanh: This case is emblematic of the ongoing tension between the state’s desire for control and the push for democratic ideals. many activists and lawyers feel that such actions are indicative of a crackdown on dissent and a chilling effect on freedom of expression. It raises questions about the balance between state security and individual rights.
Interviewer: Some might argue that a legal figure like Tran Dinh Trien, who has held a significant position, should embody the pursuit of justice. What does this case say about the current state of the legal system in Vietnam?
Dr. Nguyen Hanh: it reflects a precarious balance. The legal system is ofen viewed through the lens of political expediency rather than an impartial submission of justice. High-profile cases like this can deter others from advocating for reform or challenging state policies, thereby stifacing potential progress.
Interviewer: In your opinion, what are the potential implications of this case for future legal practitioners and civil society in Vietnam?
Dr. Nguyen Hanh: If the prosecution is perceived as politically motivated, it could lead to a climate of fear among legal professionals and civil society advocates. Conversely, it could also galvanize efforts among those who seek reform and clarity, drawing more attention to the need for a legal framework that genuinely upholds citizen rights and freedoms.
Interviewer: Given this context, what would you recommend for both the Vietnamese legal community and international observers?
dr. Nguyen Hanh: For the legal community, I would encourage solidarity and continued advocacy for the protection of civil liberties.International observers should remain vigilant, support local efforts for reform, and engage in dialogues that emphasize the importance of human rights in Vietnam’s development. Awareness and pressure can lead to meaningful change over time.
Interviewer: Thank you, Dr. Hanh, for your insights into this complex and critical issue. It’s clear that Tran Dinh Trien’s case carries significant weight for Vietnam’s legal landscape and civil rights.
Dr. Nguyen Hanh: Thank you for having me. It’s essential that we keep these conversations alive.
Interviewer: Absolutely. We’ll be watching closely as this situation develops. Thank you to our audience for joining us today.
